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The Civil Code (Amendment) Act, 2006 (Bill No. 72)

A BILL

entitled

AN ACT to amend the Civil Code, Cap. 16.

Short title. Cap. 16.

Addition of new articles to the Code.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-

1. (1) The short title of this Act is the Civil Code (Amendment) Act, 2006, and it shall be read and construed as one with the Civil Code, hereinafter referred to as “the Code”.

(2) This Act shall come into force on such date as the Minister responsible for justice may by notice in the Gazette appoint, and different dates may be so appointed for different purposes and for different provisions of this Act.

2. Immediately after article 57 of the Code there shall be added the following new article:

“Liquidation of the community of acquests referred to the Arbitration Centre.

57A. Notwithstanding the foregoing provisions, the Court may choose that in its judgment it limits its decision and instead of deciding on the liquidation of the community of acquests subject to a decl aration of dissolution, refer the same to be decided by the Malta Arbitration Centre.”.

Substitution of article 59 of the Code.

3. Article 59 of the Code shall be substituted by the following

new article:
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“59. (1) Personal separation may, subject to the authority of the court by means of a decree in accordance with article 35, be effected by mutual consent of the spouses, by means of a public deed.
(2) The court shall, before giving its authority, admonish the parties as to the consequences of the separation, shall endeavour to reconcile them, and may revoke, modify or add those conditions it may deem fit.”.

4. Immediately after subarticle (4) of article 70 of the Code, there shall be added the following new subarticle:

"(4) With regard to a child born before the 1st December,
1993, the husband may also repudiate the child conceived during wedlock for the reasons listed in subarticle (1), as these were in force after that date, if the cause for the repudiation of the child is presented in court not later than the 31st December, 2006.".

5. In the proviso to paragraph (e) of article 278 of the Code, immediately after the words "shall also be stated;" there shall be added the words "and saving the case where the mother is married there shall be added no words which describe her status;".

6. In subarticle (1) of article 279 of the Code, immediately after the words "of such child" there shall be added the words "and the mother’s status shall not be declared or in any other manner indicated".

7. Immediately after article 1028 of the Code there shall be added the following new articles:

Amendment of article 70 of the Code.

Amendment of article 278 of the Code.

Amendment of article 279 of the Code.

Addition of new articles to the Code.

“Enrichment to the detriment

of others.

Where the

actio de in rem

verso may not

be exercised.

1028A. (1) Whosoever, without a just cause, enriches himself to the detriment of others shall, to the limits of such enrichment, reimburse and compensate any patrimonial loss which such other person may have suffered.

(2) If the enrichment constituted a determinate object, the recipient is bound to return the object in kind, if such object is still in existence at the time of the claim.
1028B. The actio de in rem verso may not be exercised where the person who suffers the loss may take another action to make up for such loss.”.
C 536

Substitution of article 2002 of the Code.

Substitution of article 2008 of the Code.

Amendment of article 2012 of the Code.

8. Article 2002 of the Code shall be substituted by the following new article:

“2002. (1) Special and general privileges over movables, except those specified under subarticle (2), cease to exist if the property passes into the hands of a third party.
(2) Special privileges over immovables and those movables which the Minister shall, from time to time, establish shall continue to attach to such immovables or movables whatever transfers to other persons take place.”.

9. Article 2008 of the Code shall be substituted by the following new article:

“2008. The supplies and provisions which are privileged include all objects that are necessary for the support of the debtor and his family, and which shall, for all intents and purposes of law, not exceed the sum of one thousand five hundred liri or such other amount as the Minister responsible for justice may from time to time prescribe:
Provided that in the case of a widow or a widower or of their dependants, the sum shall be two thousand five hundred liri or such other amount as the Minister responsible for justice may from time to time prescribe.”.

10. In article 2012 of the Code, subarticle (1) shall be deleted and substituted by the following new subarticle:

“(1) A hypothec is general or special: it is general when it affects all the property present and future of the debtor; it is special when it affects only one or more:
(a) particular immovables of the following kind: (i) things which are immovable by their
nature, and products of such immovables so long as
they are not separated thereform;
(ii) the right of usufruct over the said immovables, during the continuance of such right;
(iii) the dominium directum over the said immovables given on emphyteusis, and the dominium utile over such immovables; and
(b) particular movables as the Minister may, from
C 537
time to time, establish.”.

11. In article 2013 of the Code, subarticle (1) shall be deleted and substituted by the following new subarticle:

“(1) A special hypothec continues to attach to any immovables charged therewith as defined in article 2012(1)(a) and movables charged therewith under subarticle (1)(b) of the said article into whosoever’s possession such immovable or immovable may pass.”.

12. In subarticle (1) of article 2016 of the Code, immediately after the word “immovable” there shall be inserted the words “and movable”.

13. In subarticle (2) of article 2028 of the Code, immediately after the word “immovables” there shall be inserted the words “and movables”.

14. In article 2029 of the Code, immediately after the word

“immovables” there shall be inserted the words “and movables”.

15. Article 2030 of the Code shall be amended as follows:

(a) in paragraph (a) thereof, for the words “in paragraph (a), (c) and (d) of article 2010” there shall be substituted the words “in article 2009(a) and (d) and in article 2010(a), (c) and (d)”;
(b) in paragraph (b) thereof, for the words “in paragraph (b) of the said article” there shall be substituted the words “in article 2010(b)”; and
(c) in paragraph (c) thereof, for the words “in paragraph (e) of the same article” there shall be substituted the words “in article 2010(e)”.

16. Article 2032 of the Code shall be substituted by the following new article:

“2032. Except for those mentioned in article 2012(1)(b), general privileges and special privileges over movables are not subject to registration.”.

17. In paragraph (h) of article 2042 of the Code, for the words “immovable charged” there shall be substituted the words “immovable and movable charged”.

Amendment of article 2013 of the Code.

Amendment of article 2016 of the Code.

Amendment of article 2028 of the Code.

Amendment of article 2029 of the Code.

Amendment of article 2030 of the Code.

Substitution of article 2032 of the Code.

Amendment of article 2042 of the Code.

C 538

Amendment of article 2048 of the Code.

Amendment of article 2149 of the Code.

Amendment of article 2156 of the Code.

Amendment of Form C of the Schedule to the Code.

18. In article 2048 of the Code, for the words “the immovables are” there shall be substituted the words “the immovables and movables are”.

19. In article 2149 of the Code, paragraph (e) shall be deleted.

20. In article 2156 of the Code, the following new paragraph shall be added immediately after paragraph (f) thereof:

“(g) actions of the Government of Malta for the payment of judicial fees, customs or other dues.”.

21. Explanatory note (1) of Form C of the Schedule shall be deleted and substituted by the following note:

"(1) If the act relates to the birth of a child outside wedlock see article 279 et sequitur of the Civil Code (Cap. 16.)".

Objects and reasons

The objects of this Bill are to introduce various amendments in the Civil Code.